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11 US-China L. Rev. 168 (2014)
Analysis towards State Responsibility in the Gross Violation of Human Rights at Balibo, East Timor Based on International Law

handle is hein.journals/uschinalrw11 and id is 167 raw text is: 




  ANALYSIS TOWARDS STATE RESPONSIBILITY IN
    THE GROSS VIOLATION OF HUMAN RIGHTS AT
 BALIBO, EAST TIMOR BASED ON INTERNATIONAL
                                  LAW

                     Isplancius Ismail, S. H., M.Hum*

         The problem in this research is which State has the responsibility to
     protect the civilian at Balibo East Timor in concern with the gross violation
     of human rights and the role of ICRC. This research aims to know the
     responsible that State has the authority to protect the civilian in the case of
     Balibo at East Timor. The methodology used in this research is descriptive
     and normative juridical with secondary data and analyzed qualitatively.
     The result of this research is that Protugal, as an aministering State, must
     be responsible for protecting the civilian in Balibo case East Timor from
     1975 to 1976 in coorperation with the Australian ICRC whereas the
     Republic of Indonesia who occupied East Timor since 1976 must also be
     responsible for the gross vioaltin of human rights from 1976 to 1999 in
     coorperation with ICRC Sub Delegation at Dili East Timor.

IN TR O D U C TIO N   ............................................................................................ 168
I. PROTECTION OF JOURNALISTS AS CIVILIANS IN BALIBO .......................... 174
II. ROLE OF ICRC  AT B ALIBO ..................................................................... 178
C O N C L U SIO N   ............................................................................................... 18 1

                              INTRODUCTION

     East Timor's history begins with the arrival of the Australoid and
Melanesian. People of Portugal began to trade with and colonialize the
island of Timor in the early 16th century and the mid-century. After a few
clashes with the Dutch, there was a treaty between the Netherlands and
Portugal in 1859 and Portugal provided the western part of the island of
Timor. Japan also once ruled the East Timor from 1942 to 1945, but after
Japan was defeated and surrendered to the Allied forces in the World War II,
Portugal regained the control of East Timor or Timor Leste1. In 1975, when
the Carnation Revolution in Portugal in 1974 and the last Governor of


* Doctor of International Law, Law Faculty of Jenderal Soedirman University, Purwokerto, Central
Java, Indonesia. Research field: International Humanitarian Law.
This research is discussing on how the State parties of the Geneva Convention 1949 should respect
the convention in the implementation of International Humanitarian Law and Human Rights Law.
' History of Timor Leste, from Wikipedia, free ensiklopedia, accessed on September 18, 2009.

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